Jennings v. Wilson
Jennings v. Wilson
Opinion of the Court
delivered the opinion of the court.
We have not been favored with any brief or suggestion by the appellee in support of the judgment in his favor in the circuit court, and being unable ourselves, unaided, to perceive why the case is not precisely within the terms of § 1293 of the code of 1880, so as to cut off the claim of the appellee to a reservation of title, because of the continued possession of his vendee of the property for more than three years, etc.,
We reverse the judgment and remand the cause.
delivered the opinion in response.
We are now informed that this case was decided by the
The declaration applies, and must be applied, to § 4226, and to that only, and has no sort of influence on § 4227.
The next declaration of §4228 is: “Nor shall it, in any case, extend to creditors whose debts were contracted after such fraudulent act,” etc. "What does “it” refer to? By the frame of the section it would seem to apply to the section immediately preceding; but as “it” is singular, and must apply to one and not both of the sections, we avail of the latitude allowed by the use of the singular pronoun to avoid the ridiculousness and absurdity of applying it to the immediately preceding section, and fit it where it sensibly belongs and has been heretofore since 1803, on the presumption that it was not really the purpose of the legislature to deny to subsequent creditors (the only class really misled and induced to credit by apparent ownership from continued possession) the right to assert absolute ownership in the possessor because of such possession. In each of these instances
It follows that, notwithstanding a very awkward form of expression, the law on this subject has not been changed by the code of 1892, and that the secret claim of Wilson cannot prevail against the creditor of the possessor of the chattel, who held it continuously for more than three years.
Reversed.
Reference
- Full Case Name
- W. J. Jennings v. G. A. Wilson
- Status
- Published
- Syllabus
- 1. Statute oe Frauds. Code 1892, §§ 4226, 4227, 4228. Construction. Section 4226, code 1892, declares void certain conveyances, and § 4227 invalidates loans of chattels where possession remains for three years, as also reservations of a use, etc., without a record. Although § 4228 declares that “ the last two sections ” shall not extend to a bona fide purchaser, the exception in favor of such purchaser applies only to § 4226; it is inconsistent with §4227, and therefore cannot apply to cases arising under it. 2. Same. Sale of chattels. Secret claim. Three years' possession. Accordingly, the secret claim of the seller of chattels, although the legal title is, in good fai.th, reserved as security for the payment of the purchase-money, cannot prevail against a judgment creditor of the buyer, where the latter has held possession of the property more than three years.